How to review the judicial examination law?
In the review process of judicial examination, the review of laws and regulations is essential. So, how to review the laws and regulations of judicial examination? Next, Bian Xiao will talk to the candidates about this problem. Wonderful link: Post-judicial examination era: Talking about the mission of 20 12 judicial personnel To prepare for the 20 12 judicial examination resolutely, there must be five "gods". 99% of the candidates have stepped into the misunderstanding of the judicial examination. The first big question is: What laws should we look at in the judicial examination? First, there is no contradiction between reading and opinions. Some theoretical things in the book are not reflected in law. Because of these differences, there is a problem that needs to be paid attention to in our review process. My opinion is: 1. Jurisprudence in the examination paper belongs to theoretical jurisprudence, which should mainly focus on reading textbooks and involve the content of legislative law. The examination of legal theory has always been difficult, and some topics are not in the book at all. For candidates who violate the rules, this part is more difficult, and your time may not be immediate. The accumulation and precipitation of legal literacy is more important. Therefore, it is not appropriate to fight with it. I've read the book several times, so don't waste time if you encounter problems that you can't solve. There is no law in the history of legal system, so we can only read books. This part has less content and simple questions. Candidates and friends must try their best to get these points. The constitution focuses on reading, but some views on state institutions are clearer. The focus of the constitutional part is mainly on the division of functions of state institutions, especially between the National People's Congress and its Standing Committee, the State Council and president. The second is the difference between the four constitutional amendments. The third is the electoral system. The constitutional part is not difficult. The laws and regulations in the History of the Three Kingdoms must be read. This part of the law is more complicated and difficult to understand. The knowledge points examined rarely come directly from the law, but more directly from a certain paragraph in the book. When reviewing the law of the Three Kingdoms, the effect of reading textbooks is more obvious than that of reading articles. Public international law is the simplest, private international law should pay attention to the last foreign-related part of civil litigation, while international economic law is more difficult. General terms and conditions need to be memorized, and the terms in each group should be distinguished. Attention should be paid to the difference between the obligations of buyers and sellers, the transfer of risks and the circulation of letters of credit. The examination points of economic law are more detailed and there are many laws, but there are no theoretical problems and the views are enough to cope with the examination. The part of legal professional ethics is simple and detailed, and opinions should be the main part. It is particularly noteworthy that the inspection of the implementation of the lawyer law is a key issue every year, so we should listen to the legal courses of the legal education network more in the review, and many knowledge points can be integrated. 2. criminal law examination paper 2 should pay equal attention to reading and opinions. Compared with other subjects, the criminal law and administrative law in the second examination paper in 2004 are more difficult. There are few topics directly derived from the original text of the law, which often require in-depth thinking to determine the correct options, and some contents are quite theoretical (for example, the second volume of 2004 15). The criminal procedure law should focus on opinion articles and judicial interpretations, with few theories of procedural law, simple and meticulous examination sites, and the effect of opinion articles is better than reading books. There is no uniform code of administrative law, and it should focus on reading books, combined with separate laws such as administrative licensing law, administrative punishment law and government procurement law. 3. Examination Paper III General Principles of Civil Law and its interpretation, contract law theory have many questions, many of which are not directly from the literal law, but from the implicit theory, so we should combine reading with opinions. The commercial law part is mainly based on opinions. Second, what judicial interpretations must be carefully examined? We must carefully examine the judicial interpretations of the three major procedural laws. The "six-organ regulations" and "Supreme Court interpretation" of the Criminal Procedure Law are more important, while the "Supreme Court interpretation" is too professional and complicated, with few problems. Candidates can skip reading if they don't have enough review time. The explanations of theft, robbery and traffic accidents in criminal law, contract law and guarantee law are so important that they need to be read repeatedly. When reading judicial interpretation, we must compare it with the relevant contents of norms, otherwise we will lack systematic thinking. Third, the position of new laws and regulations in the judicial examination Every year, new laws and regulations are compulsory knowledge, and the questions of new laws and regulations are often superficial and difficult. For example, in 2004, new laws and regulations included the fourth amendment to the Constitution, the administrative licensing law, the government procurement law, the emergency regulations for public health emergencies, the banking supervision and management law, and the interpretation of the marriage law. These contents are widely examined in the test questions. This year's new laws and regulations include Criminal Law Amendment (VIII), three supporting judicial interpretations of Criminal Law Amendment, People's Mediation Law, State Compensation Law, Tort Liability Law and Company Law Interpretation (III). The second big question: how to read the rules of college entrance examination 1. When to read it? For those who have no legal foundation, they should read first and lay a solid foundation before studying law, while graduate students with good foundation or newly graduated law books can read law directly. The general order is to read the textbook as a whole and have a systematic grasp of the content, and then read the rules. After reading this book and the law, do a set of real or simulated questions over the years, fill in the blanks by doing the questions, and then look back at the law. The closer we get to the examination stage, the more we should look at the law. Second, hands-on, hands-on thinking There are many famous teachers' class notes and courses on the market now. The guidance of famous teachers often makes us feel awake and suddenly enlightened, but we still can't give up our subjective initiative in the process of learning. Although the summary made by the famous teachers of the Legal Education Network is comprehensive and detailed, it is still different from the summary made after thinking. We should not only cherish the knowledge, ideas and learning methods given by famous teachers, but also learn and do it ourselves, so as to be close to success. Moreover, in the process of reading articles, we must not only look with our eyes, but also be good at using our brains, sketching and summarizing. Third, the first three volumes of the judicial examination are multiple-choice questions, that is to say, as long as we can pick out the correct options from them, there is no need to recite the contents of these options, so we should read more books, read books with thinking, and know the location and content of each test center. Although the fourth volume needs to be written by yourself, the law of summation should not be exactly the same, and there is no way to recite the composition questions. You can get extra points if it makes sense. Without a standard answer, endorsement can't solve it. Fourth, when commenting on the article, you must draw the key points. Some people cherish books very much, and they are still clean after reading them, so they don't draw. I don't agree with this. A regulation is so comprehensive that we can't read it every time. It's a waste of time, and you can only concentrate, and the focus should be more clear every time you watch it. To do this, we need to draw the focus on the line when reading a book, and then look at the place we crossed later, so that the book will become thinner and thinner and the reading speed will become faster and faster. In addition, some people have put forward the view that it is enough to look at laws and regulations with more scores, and laws and regulations with only a few points, such as tax law, administrative supervision law and audit law, can be completely abandoned. The tutor of legal education network thinks this view is incorrect. We really need to focus on criminal law, criminal procedure law, civil law, civil procedure law, administrative law, administrative procedure law and so on. However, you must never give up laws and regulations because of the low scores. On the one hand, every little makes a mickle, and every little makes a muckle. On the other hand, these laws and regulations are relatively simple to review, and it is a pity to give them up in vain. Those key laws have indeed been examined a lot, such as criminal law. You know that you failed in the exam, or you know that you will be punished for several crimes in the exam, and you may still not be able to answer the question. Therefore, it is good to pay more attention to the key laws when reviewing, and at the same time pay attention to the key parts of the non-key laws. Fifth, the opinions must be detailed, otherwise it is easy to read the law several times during the exam and only know the general situation. For example, in the crime of illegally renting or lending guns stipulated in the second and third paragraphs of Article 128 of the Criminal Law, a person who is legally equipped with a gun for official use (such as the public security police) only needs to illegally rent or lend a gun, while a person who is legally equipped with a gun (such as a forest ranger) only needs to cause serious consequences to constitute this crime. If you don't pay attention to the distinction, you are likely to make mistakes when you do the problem. 6. Being good at summarizing, synthesizing and comparing laws and regulations is characterized by conciseness and concreteness. A problem may involve different laws and regulations in a law, so it is particularly necessary for us to summarize, synthesize and compare ourselves in the process of learning laws and regulations. For example, the problem of several crimes for one crime in criminal law is the focus of the topic, but it is also easy to confuse, and it is easy to distinguish it after summing up. Another example is the crime of bending the law for selfish ends by accepting bribes or the crime of bending the law for selfish ends in civil affairs, which is given a heavier punishment, and the crime of accepting bribes, dereliction of duty and abuse of power is punished in combination. Violent obstruction of anti-smuggling is a combined punishment of the crime of obstruction of official duties and the crime of smuggling, while violent obstruction of drug control or organizing transportation to cross the country (border) and violent obstruction of official duties are serious. These, to name a few, need us to sum up carefully in the process of reading. Seven, some can only look at the literal meaning of the provisions, while others need to understand the theoretical problems behind the provisions. The general feature of judicial examination questions is that the examination sites are fine but not difficult. One-third of the questions can be familiar with the law, one-third of the questions need to know the law and make a summary, and some need to know the theory behind the provisions. For example, some provisions in the criminal law, such as subjective aspects, stop stage, joint crime and so on. , are very concise, but these questions appear repeatedly in the exam, and we will get the wrong answer because there are theories behind these articles, so it is impossible to read the articles themselves without in-depth understanding. Eight, the view bar may go through several different levels. With the help of a Buddhist phrase, the artistic conception can probably be expressed. The first floor is looking at the mountains and water, the second floor is looking at the mountains and water, and the third floor is looking at the mountains and water. The first layer means that when you read the article for the first time, you read it from front to back in turn, only looking at the article itself; The second layer is that you understand the relevant content of this law through your own thinking, summary and comparison. If you look at this law again, you will not only see this isolated article, but also see the related contents of other laws, even other laws, regulations or judicial interpretations. These related parts are not connected by open lines in law, but are like red lines led by the elderly under the moon, or like countless social relations between people. The third layer means that you have mastered this rule and understood all the problems involved. Seeing the regulations means reading all the contents of this piece, so there will be no omissions when answering questions. You might as well experience it.